All B&C® News

On August 15, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) was quoted by Inside EPA discussing how new U.S. Environmental Protection Agency (EPA) risk evaluation guidelines may impact industry.
“My sense is that if you have a promising chemical product and wish to get it through the risk evaluation process sooner rather than later, considering this option makes sense,” Lynn Bergeson, managing partner of environmental law firm Bergeson & Campbell, tells Inside EPA.
“You control the timing, and might have a better line of ... read more >

August 11, 2017

“TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5” Webinar Brings Together Industry and EPA to Talk New TSCA

Bergeson & Campbell, P.C. (B&C®) is pleased to announce that the materials and recording from the “TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5” webinar are now available for download. This complimentary webinar, co-hosted with Bloomberg BNA, was presented by a panel including Dr. Jeff Morris, U.S. Environmental Protection Agency (EPA), and former EPA officials and seasoned regulatory professionals who engaged in a lively discussion on:
Toxic Substances Control Act (TSCA) Section 5 Inventory notification reporting ... read more >

On August 4, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “Chemical Makers Told to Act Now, Duck Regulatory Hassles Later.”
Chemical manufacturers should have access to the EPA's electronic reporting system now to avoid headaches in six months as the deadline approaches to notify the agency about chemicals they have made or imported during the past 10 years.
The clock hasn't started yet for the 180 days that chemical manufacturers and importers have to ... read more >

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Heather F. Collins, M.S., has joined our firms as a Regulatory Consultant. Ms. Collins has nearly two decades of experience developing, implementing, and managing environmental, health, and safety (EH&S) compliance for global chemical and chemical product companies. Her prodigious skills in developing biocide and pesticide registration and compliance strategies, safety data sheet (SDS) authoring, and dangerous goods management, coupled with her keen awareness of the ... read more >

Bloomberg BNA/Bergeson & Campbell, P.C. Webinar
Wednesday, August 2, 2017, 12:00 p.m. - 1:30 p.m. (EDT)
Complimentary Registration Available Online
With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the June 2017 copy of the Toxic Substances Control Act (TSCA) Inventory (Inventory), the magnitude of effort that will be needed to comply with the Section 8(b)(4) Inventory notification process is becoming clear (see our June 6, 2017, memorandum “Preparing for the Inventory Reset: It Is Not ... read more >

On June 27, 2017, the Environmental Law Institute (ELI), Bergeson & Campbell, P.C. (B&C®), the Environmental Defense Fund (EDF), and the George Washington University Milken Institute School of Public Health (GWU) held a day-long "TSCA Reform: One Year Later" conference at the GWU campus exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on the first anniversary of its enactment. Lautenberg significantly amended the Toxic Substances Control Act, and holds the U.S. Environmental ... read more >

On July 18, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Senior Chemist with B&C, were quoted by Bloomberg BNA Daily Environment Report regarding the U.S. Environmental Protection Agency’s (EPA) data gathering authority.
[…] The EPA's recent rules don't mention any intention to use the agency's new authority under the amended chemicals law to order companies to provide toxicity or exposure data, Richard Denison, lead senior scientist for the Environmental Defense ... read more >

July 12, 2017

Michael S. Wenk, M.S., to Speak at AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids

Michael S. Wenk, M.S., Senior Regulatory Consultant with The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), has been invited to speak on the current state of play of Central and South American chemical regulations at the 17th AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids, September 11-14, 2017, in Cancun, Mexico. Mr. Wenk will present “Chemical Substance Management in Central and South America: Insights into Sustainability, Regulatory, and Management Opportunities” at the plenary session on September 11, 2017. The AOCS ... read more >

July 3, 2017

Career Opportunities at B&C

Bergeson & Campbell, P.C. (B&C®) is seeking chemical regulatory attorneys to join our trusted, respected, and highly-experienced team of lawyers, regulatory consultants, scientists, and policy experts. Positions will be based in our Washington, D.C. office, although telework arrangements may be considered for suitable candidates. Applicants should be experienced in the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other domestic and/or international chemical product laws and governance systems.
Desired ... read more >

On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first anniversary.
[…] Former career EPA toxics chief Charles Auer, now with the law firm Bergeson & Campbell, […] noted his own disappointment that EPA has yet to exercise its new ... read more >

On June 21, 2017, Inside EPA quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), in the article “As EPA Issues TSCA's Framework Rules, Bipartisan Law Faces Challenges.”
[…] Lynn Bergeson, managing partner of the firm Bergeson & Campbell, suggested some concern in EPA's ability to advance use of these new technologies. She too, noted Lautenberg's requirements regarding non-animal testing, including its direction that EPA craft a plan to mange the transition by June 22, 2018.
“We find it very important and ... read more >

June 19, 2017

TSCA Reform—One Year Later

June 27, 2017, 9:00 a.m. - 4:45 p.m. (EDT)
Milken Institute School of Public Health
George Washington University
950 New Hampshire Ave., N.W.
1st Floor Auditorium
Washington, D.C. (and via webinar)
Register Today
This event is free and open to the public.
Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health for a day-long conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), ... read more >

On June 16, 2017, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “Former Arizona Environment Chief Tapped as EPA's COO.”
[…] Henry Darwin, a longtime government official and former director of the Arizona Department of Environmental Quality, will serve as EPA assistant deputy administrator.
In a statement, EPA spokeswoman Liz Bowman said Darwin “will focus the agency on providing value to taxpayers by helping us measure performance, improve ... read more >

On June 16, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA discussing changes to the U.S. Environmental Protection Agency’s (EPA) ‘New Chemicals’ program.
[…] Jeff Morris, director of EPA's Office of Pollution Prevention and Toxics (OPPT), described some of the ongoing efforts he hopes will prevent further backlogs while speaking during a June 12 webinar.
[…]
Morris explained that with polymers undergoing the PMN process, OPPT staff originally thought they would have to issue a ... read more >

On June 14, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor at Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “EPA Pledges Long-Term Elimination of New Chemicals Backlog.”
[…] The percentage of new chemicals the EPA has regulated before and since the [Frank R. Lautenberg Chemical Safety for the 21st Century Act] passed last June jumped from roughly 10 percent to about 70 percent, said Charles Auer, who used to run the agency's chemicals office, and Richard Engler, a chemist who worked for the ... read more >

On June 14, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA discussing the impacts of a possible requirement by the U.S. Environmental Protection Agency (EPA) to consider all possible use conditions while conducting risk assessments.
[…] Speaking at a recent seminar on environmental regulation hosted by the Practising Law Institute in New York, NY, attorney Lynn Bergeson said competing calls from industry and environmentalists on whether risk assessments should consider "all" conditions in which a chemical ... read more >

On June 7, 2017, the Bloomberg BNA Daily Environment Report quoted “Appellate Court Vacates Conditional Nanosilver Registration” discussing the impacts of the recent 9th Circuit Court ruling.
[…] In a May 31 blog post, the law firm Bergeson & Campbell P.C., which represents industry clients, says the ruling could prompt the nano industry to press EPA to revisit its position that every pesticide containing nanosilver is a new active ingredient, requiring conditional registration, rather than viewing all nanosilver in all pesticides as one ingredient.
"EPA's ... read more >

On June 1, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “EPA Failed to Justify Nanosilver Pesticide Approval, Court Says.”
[...] Lynn Bergeson, managing partner in the Washington, D.C. office of Bergeson & Campbell, P.C. told Bloomberg BNA the agency will need to issue some sort of stop sale or other order to implement the court's vacatur.
EPA will then need to review the record and determine whether it has the evidence needed to address the court's ... read more >

On May 24, 2017, Lynn L. Bergeson, Managing Partner at Bergeson & Campbell, P.C. (B&C®), presented “TSCA Implementation and Current U.S. Regulatory Environment” at the Nanotechnology Industries Association (NIA) webinar: “Toxic Substances Control Act (TSCA) implementation and current US regulatory environment.” Ms. Bergeson’s presentation addressed reformed TSCA (Frank R. Lautenberg Chemical Safety for the 21st Century Act) implementation and the current regulatory environment under the Trump Administration and U.S. Environmental Protection Agency ... read more >

May 23, 2017

Lisa R. Burchi Explains “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group Meeting

On May 23, 2017, Lisa R. Burchi, Of Counsel with Bergeson & Campbell, P.C. (B&C®), presented “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group meeting. Ms. Burchi’s presentation addressed the new Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and its impact on worker safety programs nationwide. Specifically, she discussed the changes in the designation of workers, identified in the new bill as a ... read more >

Monday, June 12, 2017, 12:00 p.m. - 1:30 p.m. (EDT)
This webinar has occurred.
Materials and recording provided upon request to B&C clients, associated businesses, and industry members.
Since enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act last June, a logjam of new chemicals under review at the U.S. Environmental Protection Agency (EPA) unable to enter commerce has developed. EPA’s Office of Pollution Prevention and Toxics (OPPT) is adjusting to new requirements in the 2016 amendments to the nation’s ... read more >

May 18, 2017

Bergeson & Campbell, P.C. and ABA Books Release New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, released today by the American Bar Association (ABA). This new book is a comprehensive guide to the substantial revisions to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, to produce “new TSCA,” amending and replacing “old TSCA” as of that date. B&C Managing Partner Lynn L. Bergeson and ... read more >

May 18, 2017

Charles Auer Quoted in “Rate of EPA Chemical Regulation Ramps Up Since Toxics Law Update”

On March 18, 2017, Bloomberg BNA Daily Environment Report quoted Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), explaining how updates to the Toxic Substances Control Act (TSCA) are impacting new chemical regulations.
The Environmental Protection Agency has been regulating more new chemicals since the Toxic Substances Control Act was overhauled than it did before, according to a snapshot of its work over the past 11 months.
“It's definitely harder to get a new chemical to market,” Charles Auer, a former senior EPA ... read more >

On May 17, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “Pace of EPA New Chemical Reviews Picks Up, Allaying Concerns.”
[…] The new information, which the agency posted since May 12, shows the EPA has made many more new chemical decisions since TSCA was amended than was publicly known, Richard Engler, a senior chemist with the Bergeson & Campbell, P.C. in Washington told Bloomberg BNA May 16.
[…]
The first website, which had a search ... read more >

On May 16, 2017, Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), on upcoming guidance from the U.S. Environmental Protection Agency (EPA) on manufacturing and processing nanoengineered chemicals.
[…] Lynn Bergeson managing partner of Bergeson & Campbell, P.C. told Bloomberg BNA the EPA's decision to delay the rule's effective date until after it issues the draft guidance mutes the complaint that companies wouldn't know how to comply. It doesn't mean, however, that the guidance will be ... read more >

May 5, 2017

Comments By Richard Engler Included In Bloomberg BNA Daily Environment Report Article “Chemicals Law Is Top Priority of Trade Group's New Leadership”

On May 4, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg BNA Daily Environment Report discussing the U.S. Environmental Protection Agency’s (EPA) chemical regulation process in response to efforts by the Society of Chemical Manufacturers & Affiliates (SOCMA) to speed up the process.
[…] A logjam of nearly 800 new chemicals has developed in the EPA's new chemicals office since the Toxic Substances Control Act was amended June 22, 2016. The agency has authorized only 63 new chemicals and microbes as ... read more >

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2016: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review provides an annual summary of developments in environmental, energy, and resources law. B&C Managing Partner Lynn L. Bergeson and Senior Chemist Richard E. Engler, Ph.D., co-authored the Pesticides, Chemical Regulation, and Right-to-Know 2016 Annual Report.
The 2016 Annual Report provides a detailed ... read more >

May 2, 2017

ELI, GWU, and B&C Present “TSCA Reform – One Year Later”

SAVE THE DATE
TSCA Reform – One Year Later
June 27, 2017, 9:00 a.m. - 4:30 p.m. (EDT)
George Washington University Milken Institute School of Public Health,
Washington, D.C.
Join the Environmental Law Institute and the George Washington University Milken Institute School of Public Health for a day-long conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), just over one year after it was signed into law. ... read more >

On April 27, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented “Toxic Substances Control Act (TSCA) and TSCA Reform” at the Chemical Society of Washington’s monthly dinner meeting. Dr. Engler discussed TSCA before and after reform by The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) and challenges that the U.S. Environmental Protection Agency (EPA) and industry face in implementing and complying with the new law. In this extensive presentation, Dr. Engler discussed the centralizing concept of ... read more >

On April 25, 2017, Bloomberg BNA Daily Environment Report included comments by Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), commenting on the 19 new chemicals that have been given market approval by the U.S. Environmental Protection Agency (EPA) between December 1, 2016, and February 28, 2017.
[…] The EPA has notified the manufacturers that asked to make the new chemicals of the approvals and announced the decisions on its public website, Richard Engler, a senior chemist with Bergeson & Campbell, P.C., who spent 17 years working with ... read more >

On April 19, 2017, Inside EPA quoted a post from the TSCA Blog in the article “Suit Over EPA's Rejection Of Fluoride Ban Claims TSCA Misinterpretation.”
“This asserted view, that only a comprehensive risk evaluation considering all conditions of use will suffice, presents a very high threshold for action -- and seemingly an impossibly high threshold to move EPA to act," officials with the law firm Bergeson & Campbell said in a March 7 blog post.
[…]
Bergeson and Campbell attorneys said that EPA's denial is "essentially arguing that ... read more >

April 4, 2017

The Acta Group Wins “Supply Chains Award” at the 2017 Chemicals Northwest Awards

The Acta Group (Acta®), a global scientific and business consulting firm offering a full range of support services for the process of obtaining approvals to market industrial chemicals, biocides, and chemical products, with offices in Washington, D.C., Beijing, China, and Manchester, UK, has been named winner of the Chemicals Northwest 2017 “Supply Chains Award.” Chemicals Northwest Awards are presented in ten categories, all of which recognize excellence in the chemical and chemical service sector in the Northwest of England, the UK’s chemical industry ... read more >

On March 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report explaining possible impacts of a mercury inventory under the Toxic Substances Control Act (TSCA).
[…]The updated chemicals law also calls for the EPA to develop a regulation by June 2018 that will require companies that use mercury or mercury compounds to provide the agency with information about those uses.
Pharmaceutical and other companies that normally are not regulated under TSCA may be subject to ... read more >

On March 29, 2017, the Bloomberg BNA Daily Environment Report included comments from, James Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), in the article “Trump Administration to Make Tough Decision on Dow Chemical.”
[…]But undoing the underpinnings that justify a near-ban will take more than political will, said Jim Aidala, a senior consultant with Bergeson & Campbell PC. A decision that favors the manufacturer, Dow AgroSciences, and the agrichemical industry broadly, will have to be robust enough to convince the ... read more >

March 29, 2017

Sheryl Lindros Dolan Presents “Protecting Trade Secrets Around the World Part 1: Comparing CBI Requirements under New TSCA and OSHA HCS 2012” at the SCHC Spring Meeting

On March 28, 2017, Sheryl Lindros Dolan, Senior Regulatory Consultant at Bergeson & Campbell, P.C. (B&C®), presented “Protecting Trade Secrets Around the World Part 1: Comparing CBI Requirements under New TSCA and OSHA HCS 2012” at the Society for Chemical Hazard Communication (SCHC) Spring Meeting. Ms. Dolan’s presentation reviewed the requirements for confidential business information (CBI) protection under the new Toxic Substances Control Act (TSCA), compared these requirements with those under the Occupational Safety and Health Administration (OSHA) Hazard ... read more >

March 23, 2017

B&C Seeks Applicants For Pesticide Registration Specialist Position

Bergeson & Campbell, P.C. (B&C®), is seeking a pesticide registration specialist to join our growing team of regulatory consultants, scientists, and policy experts. This position will be based in our Washington, D.C. office, although telework arrangements may be considered for the right candidate. Applicants should be experienced in all aspects of preparing, submitting, and managing applications under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), having worked for a registering entity or a regulatory agency.
Desired ... read more >

On March 20, 2017, James Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report on the recently released report on the health risks posed by glyphosate.
“My overall reaction to the report was that it was really uninformative,” Jim Aidala, a consultant with Bergeson & Campbell PC who served as the EPA's chemical office chief under President Bill Clinton, told Bloomberg BNA. The report goes back and forth between “some say this, and some say that,” which offers ... read more >

On March 17, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and James Aidala, Senior Government Affairs Consultant with B&C, were quoted in an Inside EPA article on the U.S. Environmental Protection Agency’s denial of a Toxic Substances Control Act (TSCA) petition to ban flouride.
[…]But Lynn Bergeson of the law firm Bergeson & Campbell told Inside EPA in a March 10 email that de novo review "would pose considerable challenges for parties and explains why invoking this relief is rare."
Bergeson ... read more >

On March 6, 2017, Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), on how B&C will handle the implementation of TSCA Reform.
Four law firms contacted by Bloomberg BNA say they are able to file the comments they are preparing without hiring additional staff or contractors. Others say other aspects of TSCA's implementation has prompted them to seek new hires. Lynn Bergeson, managing partner of Bergeson & Campbell PC in Washington, said that the firm may hire additional staff to address the backlog of ... read more >

On March 6, 2017, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report laying out responses that the U.S. Environmental Protection Agency (EPA) may have to proposed budget cuts.
There's a long process ahead before Congress decides what EPA's budget and staffing levels will be, Jim Aidala, who served under President Bill Clinton and now is a senior government affairs consultant with Bergeson & Campbell PC, and Jim Jones, who departed from the EPA in January told Bloomberg ... read more >

On March 3, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report on how proposed EPA budget cuts could impact the chemical and pesticides program.
Lynn Bergeson, managing partner of Bergeson & Campbell PC, a Washington, D.C.-based law firm that specializes in chemical and pesticide regulations, told Bloomberg BNA this is good news for the EPA's Office of Chemical Safety and Pollution Prevention Office, which oversees both chemicals and pesticides.
The OMB did not recommend any cuts to ... read more >

In the February 28, 2017, Bloomberg BNA Daily Environment Report, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®) was quoted in the article “As Budget Cuts Loom, Industry Seeks to Save Some EPA Programs.”
Staff already has grappled with smaller conference travel budgets, cuts in discretionary expenses, and less contractor support to assist with reducing environmental and health risks, said Jim Aidala, former EPA assistant administrator under President Bill Clinton and now a senior government affairs consultant with Bergeson ... read more >

Bloomberg BNA Daily Environment Report Article, “Trump ‘Gag Order’ Reports Make for Awkward First Impression,” Features Comments From James Aidala

On January 26, 2017, the Bloomberg BNA Daily Environment Report quoted James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), on the Trump administration’s handling of climate change communications.
It's no surprise that Trump has de-emphasized climate change in his administration, said Jim Aidala, a consultant with Bergeson & Campbell PC in Washington, D.C., and former head of EPA's chemicals division under President Bill Clinton.
But the new administration may have benefited from a more cautious delivery.
“With new ... read more >

On January 24, 2017, comments by Lynn L. Bergeson, Managing Partner at Bergeson & Campbell P.C. (B&C®), were included in the Bloomberg BNA Daily Environmental Report Article “White House Ices Energy, Environmental Rules Pending Review.”
Attorneys said they were unsure of the memo's impact on an EPA rule (RIN:2070-AJ54) that requires manufacturers, importers and processors to submit information about nanoscale chemicals, including production volumes. This rule was published Jan. 12 and takes effect May 12, more than 60 days from the date of the Priebus ... read more >

On January 17, 2017, the Bloomberg BNA Daily Environment Report Article “Process to Select Chemicals for Risk Review Proposed: EPA” included comments by Lynn L. Bergeson, Managing Partner at Bergeson & Campbell P.C. (B&C®), discussing specifics of the U.S. Environmental Protection Agency’s (EPA) proposed risk rule.
Lynn Bergeson, managing partner with the Washington D.C.-based law firm Bergeson & Campbell, PC, said she too would have liked EPA's proposed rule to be clearer as to how exactly the criteria would translate into a decision as to whether high ... read more >

On January 17, 2017, Bloomberg BNA Daily Environment Report included a quote by Lynn L. Bergeson in the article “EPA Proposes Strategy to Identify, Review Commercial Chemicals.”
Lynn Bergeson, managing partner of Bergeson & Campbell PC in Washington, D.C., told Bloomberg BNA, “EPA has done the near impossible in proposing three epic rules. Now the burden is on other stakeholders to define, clarify, and help the process along.”
http://news.bna.com/deln/display/split_display.adp?fedfid=103349998&vname=dennotallissues&wsn=499469500&scm=DELNWB ... read more >

REGISTER TODAY
Thursday, February 16, 2017, 2:00 p.m. Eastern Standard Time
The Central and South American chemical regulatory environment continues to be one that is challenging to understand, navigate, and manage from a business perspective. These challenges most often stem from one of three aspects: a lack of knowledge concerning the regulatory and governmental authority structure; a challenge in determining which regulations (local, national, and/or trade bloc) apply; and obtaining the applicable regulations, and a translation thereof, in a timely manner. As ... read more >

January 13, 2017

Issues Brought Up During BC-CM Producers Group Meeting Featured By Inside EPA Article

On January 13, 2017, slides from the B&C® Consortia Management’s (BC-CM) NMP Producers Group Meeting with the Office of Management and Budget were discussed in the Inside EPA article “Chemical Makers Cite TSCA Listing In Call For EPA To Drop NMP Proposal.”
[…] But representatives from Bergeson & Campbell on behalf of NMP producers in a Dec. 5 meeting with EPA and OMB officials ahead of the proposal's release argued that the rulemaking does not appear to be consistent with the completed risk assessment and therefore may violate section 26 under the ... read more >

January 11, 2017

The Top Chemical Regulatory Stories of 2016

The attorneys, scientists, policy experts, and regulatory advisors of Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) endeavor year-round to keep you informed on key developments as they happen, and prepared for looming changes and deadlines, to help you maintain compliance and competitive advantage as you market your products throughout the world. As the new year begins, we offer you this look back at the top stories of 2016 (as measured by clicks, reads, and shares by readers of our blogs and e-mails), a ... read more >

On January 10, 2017, Bloomberg BNA Daily Environment Report quoted Bergeson & Campbell, P.C. (B&C®) Senior Government Affairs Consultant James V. Aidala regarding a recent U.S. Environmental Protection Agency (EPA) risk assessment.
The risk assessment also could be a sign of how the EPA will address the suite of organophosphate pesticides slated for review later this year, including chlorpyrifos and malathion. Industry groups are concerned this could hamper the extent to which the pesticides are used, and affect their bottom line.
Epidemiological studies “can have some ... read more >

On January 9, 2017, Richard E. Engler, Ph.D., Senior Chemist with Bergeson & Campbell P.C. (B&C®), was quoted in “The Chemical Industry’s Having a Bad Reaction to New Regs.”
As a result, some chemists feel like they must dial back their ambitions to pass review. “New chemicals are taking significantly longer to get through the EPA process now,” says Rich Engler, a chemical consultant with environmental law firm Bergeson & Campbell. “If I were advising a client I would tell them to only try to develop something low hazard, because those are ... read more >

On January 5, 2017, the Bloomberg BNA Daily Environment Report Article, “Outlook 2017: Amended Chemicals Law Implementation Top Priority,” quoted Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), regarding how Chemical Data Reporting (CDR) Rule information will be used in the future to help prioritize risk evaluations and other chemical regulatory activities.
The EPA's Office of Chemical Safety and Pollution Prevention has work to do in 2017 beyond the specific mandates of the amended TSCA law.
For example, the Chemical ... read more >

The Product Stewardship Society recently released Stewardship 2016, an eBook looking back on the highlights of Stewardship 2016. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C. (B&C®), was quoted discussing the U.S. regulatory framework for nanotechnology as well as potential legal and stewardship issues that nanochemicals face.
Lynn Bergeson, managing partner at Bergeson & Campbell, started working with nanotechnology a decade ago, when it was unclear how the U.S. regulatory framework would approach them. There was tremendous interest in leveraging R&D and ... read more >

Lynn L. Bergeson was quoted in the December 28, 2016, Bloomberg BNA Daily Environment Report story "Biobased Chemical, Fuel Makers Seek Parity For Their Products Under Trump" (subscription required):
Biobased chemical and fuel manufacturers want their products to be treated equally with their fossil fuel-based counterparts under the incoming administration's policies.
[...] Lynn Bergeson, managing partner of the Washington D.C.-based Bergeson & Campbell, P.C., which manages the Biobased and Renewable Products Advocacy Group (BRAG), said Pruitt’s alignment with ... read more >

December 14, 2016

WEBINAR - New RCRA Hazardous Waste Export-Import Rule

Wednesday, January 4, 2017, 2:00 p.m. - 3:00 p.m. (EST)
On November 28, 2016, the Hazardous Waste Export-Import Revisions rule was published in the Federal Register and is effective as of December 31, 2016. This rule impacts thousands of entities that export and/or import shipments of hazardous wastes. The U.S. Environmental Protection Agency (EPA) is strengthening its standards to comport with requirements in place for Organization for Economic Cooperation and Development countries, to respond to recommendations issued by the Commission for Environmental Cooperation, and to quell criticisms ... read more >

Bergeson & Campbell P.C. (B&C®) Managing Partner Lynn L. Bergeson contributed a chapter to the recently published book Nanotechnology: Delivering on the Promise, a two-volume American Chemical Society (ACS) symposium report that discusses advances in nanotechnology and the value of precautionary risk management. These volumes cover advances nanotechnology has made with materials, energy, electronic devices, agriculture, and biomedicine, as well as the regulatory response to these new technologies. Ms. Bergeson contributed the chapter “Opportunities and Challenges for ... read more >

December 7, 2016

Oscar Hernandez and Jim Aidala Quoted in “Risk Limits Under New Toxics Law May Continue Past Practice”

On December 7, 2016, the Bloomberg BNA Daily Environment Report quoted Oscar Hernandez, Ph.D., Senior Regulatory Chemist with Bergeson & Campbell, P.C. (B&C®), and Jim Aidala, Senior Government Affairs Consultant with B&C, regarding how the U.S. Environmental Protection Agency (EPA) will handle the new toxics law.
Typically, the agency takes action on chemicals whose risks range between 1 in 10,000 excess cancer cases to 1 in 1 million excess cases. “They'd have to explain why they're moving out of that range if they did anything different,” former EPA ... read more >

On December 2, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environmental Report on how proposed changes to significant new use regulations would change the way confidential business information is handled by the U.S. Environmental Protection Agency (EPA).
The Bergeson & Campbell P.C. law firm summarized a position voiced throughout the trade association comments.
“As currently drafted, the proposed modifications would not properly protect legitimate confidential business information claims,” ... read more >

On November 30, 2016, Bloomberg BNA Daily Environment Report quoted Jim Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), Charles M. Auer, Senior Regulatory and Policy Advisor with B&C, and Lynn L. Bergeson, Managing Partner of B&C, on impacts the Trump Administration may have on chemical laws.
“It's very hard to know what the thinking is other than on big issues,” such as energy and water, Jim Aidala, a senior government affairs consultant with the Washington, D.C., office of Bergeson & Campbell, P.C. ... read more >

On November 30, 2016, the Bloomberg BNA Daily Environmental Report included comments by Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), and Lynn L. Bergeson, Managing Partner of B&C, in the article “Groans Heard About Pace EPA's New Chemical Reviews.”
The EPA appears to be making changes to the new chemicals program beyond what the law mandated, Charles Auer, former director of the EPA's Office of Pollution Prevention and Toxics, told Bloomberg BNA Nov. 21.
He described the Lautenberg Act's revisions to ... read more >

November 21, 2016

B&C Seeking An Attorney To Join Our Growing Firm

Bergeson & Campbell, P.C. (B&C®) is seeking an attorney to join our growing team of lawyers, regulatory consultants, scientists, and policy experts. This position will be based in our Washington, D.C. office, although telework arrangements may be considered for suitable candidates. Applicants should be experienced in the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other domestic and/or international chemical product laws and governance systems.
Desired qualifications:
Juris Doctorate degree from an ... read more >

The November 14, 2016 BNA Daily Environment Report featured comments from James V. Aidala, Senior Government Affairs Consultant for Bergeson & Campbell, P.C., in the story “Trump Transition Team Expected Soon at EPA To Begin Review of Agency Actions, Priorities”:
Trump’s EPA transition team will likely receive ‘‘massive briefing books’’ on each of the agency’s programs, including air pollution, water, waste and pesticides, according to Jim Aidala, a senior government affairs consultant with Bergeson & Campbell P.C. in Washington D.C. ... read more >

November 7, 2016

Lauren M. Graham, Ph.D., Joins B&C Consortia Management

Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management (BCCM) are pleased to announce that Lauren M. Graham, Ph.D., has joined our firms as Manager, BCCM. In this role, Dr. Graham will guide and facilitate effective consortia performance in advocacy programs, public outreach, product stewardship, and testing and compliance. She offers BCCM consortia clients scientific acumen gained in academia and industry, and organizational, editorial, and promotional skills honed while with the Royal Society of Chemistry (RSC), ... read more >

October 24, 2016

Conditions of Use, Section 5 Review Period Flexibility?, and Other Resources

Role of “Conditions of Use” Under Sections 5 and 6 of Amended Toxics Law
The concept of “conditions of use” plays an important role in the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Conditions of use is a centralizing concept under which the U.S. Environmental Protection Agency (EPA) determines how a chemical is made, processed, used, and disposed. The term is defined in Section 3 and also appears one or more times in the following Sections: 5, 6, 9, 14, 18, 21, and ... read more >

October 17, 2016

WEBINAR -- Current Opportunities and Challenges with Chemical Substance Regulation in Mexico and Central and South America

Thursday, November 17, 2016, 2:00 p.m. Eastern Standard Time
REGISTER TODAY
The Mexican and Central and South American chemical regulatory environment is challenging to understand, with relatively little consistency, even among neighboring countries. The region is home to two major trading blocs, MERCOSUR (Mercado Común Del Sur) and the Andean Community of Nations (Comunidad Andina). Similar in basic concept to the European Union, these blocs impose overarching regulation and legislation on the individual member countries that often do not exist ... read more >

October 17 - 21, 2016, Toronto, Canada
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are proud to once again be sponsors of and program advisors to ChemCon, a global chemical control conference offering authoritative speakers, in-depth sessions, and global perspective on existing and emerging chemical regulatory schemes.
Highlights from the diverse and substantive program planned for Toronto include:
Workshop on the modernized Toxic Substances Control Act, with speakers including Jeff Morris, Deputy Director, U.S. Environmental Protection Agency (EPA) ... read more >

Tuesday, October 4, 2016
8:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time
Three months have passed since Toxic Substances Control Act (TSCA) reform was enacted and now implementation trends are starting to take shape. Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in "The New TSCA: What You Need To Know" webinar series presented by Chemical Watch and Bergeson & Campbell, P.C. ... read more >

September 12, 2016

Charles M. Auer, Former Director of EPA Office of Pollution Prevention and Toxics (OPPT), Joins Bergeson & Campbell, P.C. and The Acta Group

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are very pleased to announce that Charles M. Auer has joined our teams as Senior Regulatory and Policy Advisor. For more than three decades, Mr. Auer has provided sagacious, informed, and deeply insightful guidance on legal, policy, and scientific matters related to the regulation of chemicals under the Toxic Substances Control Act (TSCA) and related domestic and international chemical control laws. Mr. Auer's experience includes over 32 years at the U.S. Environmental Protection Agency (EPA), most recently as the ... read more >

September 7, 2016

“The New TSCA” Webinar 3: Inventory, CDR, and CBI (Sections 8 & 14)

REMINDER
"'The New TSCA' -- What You Need To Know" Webinar 3: Inventory, CDR, And CBI (Sections 8 & 14)
Monday, September 12, 2016
8:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time
Register Today
Three months have passed since Toxic Substances Control Act (TSCA) reform was enacted and now implementation trends are starting to take shape. Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in the ... read more >

On August 25, 2016, the Bergeson & Campbell, P.C., (B&C®) memoranda “TSCA Reform: Proposed Changes to SNUR Procedures Would, Perhaps Inadvertently, Result in Disclosure of CBI to Third Parties/Possible Competitors” and “TSCA: Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards,” were discussed in an Inside EPA article on how Toxic Substances Control Act (TSCA) Reform may violate trade secret provisions.
"We do not read provisions in either old or new TSCA to authorize EPA to disclose CBI ... read more >

On August 11, 2016, the Bloomberg BNA Daily Environment Report quoted Kathleen M. Roberts, Vice President of B&C® Consortia Management, L.L.C. (BCCM), an affiliate of Bergeson & Campbell, P.C. (B&C®), on the implication of additional fees created by Toxic Substance Control Act (TSCA) reform.
Companies that pay the costs of generating toxicity, exposure and other data should not be “double billed” through additional fees to review the resulting information, said Walls and Kathleen Roberts, vice president of Bergeson & Campbell Consortia ... read more >

On August 4, 2016, quotes from the Bergeson & Campbell P.C. (B&C®) memorandum “TSCA: Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards” were included in an Inside EPA article about conflicts between Occupational Safety and Health Administration (OSHA) and the revised Toxic Substances Control Act (TSCA).
A law firm that frequently represents industry clients is warning that a recently proposed rule that seeks to align EPA requirements for new uses of industrial chemicals with strict Occupational Safety ... read more >

On July 29, 2016, Richard E. Engler, Senior Chemist with Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article, “White House Reviewing EPA Degreaser Ban.”
A ban on TCE could affect a huge number of companies, according to Richard Engler, a senior chemist at the law firm Bergeson & Campbell. “This would affect any business that removes grease from metal,” Engler told Bloomberg BNA. “That could be mechanics large and small. … . I think it's lots and lots of ... read more >

On July 25, 2016, Inside EPA quoted Bergeson & Campbell P.C.’s (B&C®) memoranda “EPA Releases First Determinations for New Chemicals under New TSCA,” on the U.S. Environmental Protection Agency’s (EPA) use of structure activity relationship (SAR) in premanufacture notice (PMN) reviews.
In a July 22 memo to clients and colleagues, the law firm Bergeson & Campbell also notes that EPA appears to have used structure activity relationship (SAR) modeling in its analyses, though the firm, unlike Denison, applauded the use of these ... read more >

On July 21, 2016, Michael S. Wenk, Senior Regulatory Consultant at Bergeson & Campbell P.C. (B&C®), was quoted in the Chemical Watch article Brazil maps out plans for industrial chemicals policy.
Michael Wenk, senior regulatory consultant at law firm Bergeson & Campbell, said because there isn't a formal list of substances selected for the national register, “one could see” the environment ministry including parts of established national inventories, such as those in the US, Canada and Australia.
“These inventories have significant ... read more >

On July 15, 2016, Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), in the article, “Give EPA Detailed New Chemical Notices, Attorneys Advise.”
Pre-manufacture notifications, or PMNs, that makers must submit before they can produce or import a new chemical, and significant new use notifications, which companies must submit before they can make or use certain chemicals in new ways, “need to be much more strategic, thoughtful and detailed,” Lynn Bergeson, managing partner of ... read more >

On July 15, 2016, Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell (B&C®), in the article “Give EPA Detailed New Chemical Notices, Attorneys Advise.”
Pre-manufacture notifications, or PMNs, that makers must submit before they can produce or import a new chemical, and significant new use notifications, which companies must submit before they can make or use certain chemicals in new ways, “need to be much more strategic, thoughtful and detailed,” Lynn Bergeson, managing partner of ... read more >

On July 14, 2016, Bloomberg BNA Daily Environment Report included quotes from the B&C® and Chemical Watch webinar “The New TSCA Series Webinar 2: Impacts on New Chemical Programs.”
Chemical manufacturers and processors will need to give exposure and toxicity data to the EPA for it to evaluate the risks of new and existing chemicals as required by the recently amended Toxic Substances Control Act, said Charles Auer, who directed the EPA Office of Pollution Prevention and Toxics under multiple administrations. Auer spoke July 14 during a webinar ... read more >

On July 12, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “More Than 300 New Chemicals Snagged as EPA Implements Law.”
Lynn Bergeson, managing partner of Bergeson & Campbell PC, told Bloomberg BNA July 11 the number of new chemicals affected by the EPA's implementation of the newly amended Toxic Substances Control Act isn't large.
For an individual company, however, every day that delays its ability to bring a new chemical or a new use ... read more >

On July 15, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell (B&C®), was quoted in an Environmental Leader article on the impacts of the loss of a green chemistry provision from Toxic Substances Control Act (TSCA) Reform.
As Lynn Bergeson, managing partner of Bergeson & Campbell writes in a blog post, the provision “called for a study of how to best incentivize sustainable chemistry research and development, as well as support ‘economic, legal and other appropriate social science research to identify barriers to commercialization and ... read more >

July 1, 2016

ABA Journal Includes Comments By Lynn L. Bergeson In Article “The Good, the Bad, and the Tiny”

On July 1, 2016, the ABA Journal quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell (B&C®), on the future of nanotechnology legal obligations.
“The legal profession needs to be very mindful of the legal obligations that arise because of this technology,” says Lynn L. Bergeson, the managing director at Bergeson & Campbell in Washington, D.C., and chair of the Pesticides, Chemical Regulation and Right-to-Know Committee in the ABA Section of Environ­ment, Energy and Re­sources. “Some say nano is the wild, wild West out ... read more >

Chemical Watch Webinar Series -- "'The New TSCA' - What You Need to Know"

Webinar 2: "Impacts on New and Existing Chemicals Programs"
Thursday, July 14, 2016
8:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time
Register Today
In this second episode of the complimentary webinar series "The New TSCA -- What You Need To Know," Chemical Watch and an assembled faculty of Toxic Substances Control Act (TSCA) experts will take a deeper dive into the profound changes that the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes to TSCA Sections 4, 5, and ... read more >

On June 29, 2016, Inside EPA quoted the Bergeson & Campbell P.C. (B&C®) memorandum, “TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA,” analyzing the new TSCA law.
The law firm Bergeson & Campbell in a June 22 analysis of the new law says that the amended section 26(p) of TSCA "arguably afford EPA broad discretion to establish procedures for disposing of any Section 5 cases that are pending before EPA (including those under voluntary suspensions) at the time of enactment."
The firm says the ... read more >

Bergeson & Campbell, P.C. (B&C®) announced today the launch
of the Toxic Substances Control Act (TSCA) Blog (TSCAblog™)
to track and report regulatory, scientific, legal, and policy
developments under the "new TSCA." On June 22, 2016,
President Obama signed into law the Frank R. Lautenberg
Chemical Safety for the 21st Century Act (Lautenberg), which
makes important changes to TSCA and is the first revision of
U.S. domestic chemical management law in 40 years.
Stakeholders will need immediately to understand what the
"new TSCA" means for their industrial operations ... read more >

On June 22, 2016, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) was quoted in a Bloomberg BNA Daily Environment Report article on the expected U.S. Environmental Protection Agency (EPA) implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
Jim Aidala, former head of the EPA Office of Pollution Prevention and Toxics, told Bloomberg BNA the first few months of implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act will be “chaotic in the happy ... read more >

On June 17, 2016, James V. Aidala, Senior Government Affairs Consultant at Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report Article “Capitol Hill Angered by 11th Hour Change to EPA Farmworker Rule”.
Jim Aidala, a former senior EPA official who led the agency’s chemical regulatory office under the Clinton administration, said it is not unusual for an agency to change a regulation at the last minute, especially when there is interest from leadership at the Cabinet level or higher, which Aidala believes was the case in this ... read more >

On June 17, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “California Agency to Look at TSCA Reform Impacts on Safer Consumer Products Effort.”
Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions.
It wouldn’t extend to state laws that require reporting or monitoring.
‘‘That said, TSCA preemption would appear to have its most potentially consequential impact on ... read more >

June 16, 2016

Chemical Watch Quotes James V. Aidala On TSCA Reform Implementation

On June 16, 2016, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), was quoted in the Chemical Watch article “EPA Implementation Of TSCA To Be ‘Enormous Undertaking.’”
The Lautenberg Act sets out “very aggressive deadlines” that will “not be easy to meet”, agreed Jim Aidala – a former Assistant Administrator for the EPA Office of Prevention, Pesticides, and Toxic Substances (OPPTS) and senior government consultant at Bergeson & Campbell – during ... read more >